On February 7, APGA submitted comments in response to the Environmental Protection Agency’s (EPA) proposed update to the Clean Water Act’s (CWA) “waters of the United States” (WOTUS) definition. Through the submission, APGA asked EPA to provide additional clarity and consistent implementation of the rule.
The objective of the CWA is “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” To do this, the CWA regulates the discharge of pollutants into “navigable waters,” which is defined as “the waters of the United States, including territorial seas.” This definition, referred to as WOTUS, establishes the extent of most federal water quality protection programs under the Act.
If a stream, wetland, or other body of water falls into the definition of WOTUS, the CWA provides certain protections, typically requiring a permit to construct pipelines across the area, whether general (e.g., NWP-12) or individual. Like many other regulatory regimes, the definition of WOTUS has experienced whiplash over the past few administrations. Because of this, APGA also asked that the Army Corps of Engineers, whose district offices help enforce the regulations across the country, to not implement any new regulations until it is finalized to help minimize impacts from the seemingly ever-changing rules.
A copy of APGA’s comment letter is available
here.
For questions on this article, please contact Renée Lani of APGA staff by phone at 202-464-0836 or by email at
rlani@apga.org.